1 Workshop 12 National Traditions of Democratic Thought ECPR 32nd Joint Sessions of Workshops April 13-18, 2004 Uppsala Three Concepts of Democracy in Swedish Political Science1 (Draft) By Mats Lundström Department of Government Uppsala University [email protected] The solution of the task of definition is often distorted by the fact that it is guided by considerations other than scientific ones… (Ross 1968, p. 85) Introduction The concept of democracy is frequently said to be “essentially contested” (Gallie 1956). This is because those defining the term “democracy” often seek to formulate something more than just the definition of a term. They wish to present a normative argument about the nature of good Government. Therefore, in the view of many, a choice of concept of democracy, implies a normative standing about the value of democracy. Jack Lively, for example, takes such a view (Lively 1975, p. 2): any attempt to define democracy[...]must involve some commitment to political positions, some positive evaluation of the justifications proffered for different kinds of political systems. Lively defines "democracy" broadly, in terms of “political equality" (Lively 1975, p. 8f.). He fails to distinguish, however, between an abstract principle that prescribes political equality and institutions that embody political equality in an empirical sense (c.f. Beitz 1989, p. 6). Thus, according to Lively, choosing a definition of "democracy" means choosing a normative political principle. In this article, Lively’s argument will be questioned. In my view, the choice of a definition of "democracy" is just a question of terminology, a mere matter of semantic convention; it does not involve taking a political or moral position (see Lundström 2000). Nevertheless, many political scientists reason as Lively does. When different definitions of “democracy” are examined, therefore, both analytical and normative 2 theses about democracy typically turn up. Two distinct questions often get mixed up when concepts of democracy are discussed: (1) What is democracy? and (2) Why is democracy valuable? These two questions shall be put here to three Swedish political scientists: Herbert Tingsten, Jörgen Westerståhl, and Olof Petersson.2 The reasons for this selection are several.3 Herbert Tingsten, of course, cannot be overlooked. His influence on the Swedish debate over democracy—both among political scientists and among politicians—has been dominant. His books on democracy have influenced several generations of Swedish political scientists, and his idea of a “democratic super-ideology” (Tingsten 1945) has wielded great influence on Swedish political culture in the post-war period. Jörgen Westerståhl, for his part, is in many ways Tingsten’s disciple. Yet he has developed a concept of democracy differing from the latter’s—in which the stress is sooner on the “realisation of the popular will” than on procedures and decisionmaking techniques. His ambition has been to derive his concept of democracy from the principles of the Swedish Constitution (which he has analysed in several books; see, e.g., Birgersson and Westerståhl 1979). His concept of democracy continues to wield great influence over empirical research on democracy. The degree of congruence of opinion between voters and representatives is often considered a measure of a well-functioning democracy (see, e.g., Gilljam and Holmberg 1995, p. 138). Olof Petersson, finally, has been very prominent in current Swedish debate on democracy, due to his membership on the Lindbeck Commission and his chairmanship of the "Demokratirådet" (Council on Democracy) established by the Centre for Business Studies and Social Research (SNS”). Since 1995, the "Demokratirådet" has committed an annual Audit of the democratic system in Sweden. Formerly professor of Government at Uppsala University, he is now a Research Director at SNS. At present he is leading a large-scale research project within SNS on the Swedish constitution. He has also published a great number of pamphlets and newspaper articles on problems of democracy in Sweden. Petersson advocates a liberal and constitutionalist concept of democracy, which differs in many respects from that of Tingsten and Westerståhl. Before proceeding to an analysis of the concept of democracy held by these three political scientists, I will give a brief review of how some common answers to the semantic question about the meaning of “democracy” and to the normative question about the value of democracy Definitions of “Democracy” One peculiarity found among some theorists of democracy, as we have seen, is that they regard their definition of "democracy" as tantamount to a normative thesis stipulating that the arrangements denoted by the term ought to be implemented. The word democracy has, of course, positive evaluative loading—a fact which tempts many analysts to use the term to denote phenomena which they evaluate positively, and which they want others to evaluate positively as well. 3 A term’s evaluative loading, however, should be distinguished from a normative meaning (Lundström 2000). Evaluative loading refers to a kind of emotive response to the use of a term. Normative meaning, by contrast, has to do with the semantic properties of the term. Terms that is used to express a normative position — e.g., “justice”, “injustice”, "good, "bad, etc — have a evaluative loading also; however, the evaluative loading is not a semantic property. It is rather a triggered psychological reaction of the person who reads the term or hears it uttered. A term’s normative meaning is determined by its connotation, while its evaluative loading is determined by the values and emotional reactions associated with its denotation (reference). A term without a normative meaning can have a negative or positive evaluative loading (or be neutral). In our political culture, a term like “fascism” has a descriptive meaning and a negative evaluative loading. In the same way, “democracy” can have a descriptive meaning and a positive evaluative loading. The meaning and the value loading of both terms can vary, but need not co-vary. “Democracy”, for example, has had a relatively constant descriptive meaning across history, but its evaluative loading has varied (Bobbio 1993, p. 27). This does not prevent the choice of definition, however, from being governed by motivations of a normative kind (as I shall show below). The fact that the choice of definition if governed by values does not mean that the meaning of the term is normative. The purpose behind changing the descriptive meaning of a term is often to influence people’s attitudes, by means of the term’s evaluative loading. The American philosopher Charles Stevenson coined the phrase “persuasive definitions” to signify such attempts to direct people’s attitudes.4 Rather often, the talk about “essential contestedness” is an excuse for fuzzy thinking, and for defining “democracy” more or less as one wishes. Several things are often meant when it is argued that the concept of democracy is “essentially contested”: that the term “democracy” has an evaluative loading, that the concept of democracy is normative, or that the choice of definitions of democracy is governed by values (see Connolly 1983, p. 10 f.). In political rhetoric, without a doubt, the concept of democracy is “essentially contested” in all three senses. In political-science discourse, however, it is not fully so “contested”. Norberto Bobbio (Bobbio 1993, p. 27) claims that .... democracy, as its etymology tells us, is government by the people, as opposed to government by one or by a few. Whatever may be said, and despite the passage of centuries and the innumerable arguments that have taken place about the difference between the democracy of the ancients and that of the moderns, the general descriptive significance of the term has not changed, though its evaluative load has altered with the changing times and beliefs... The semantic disagreement among political scientists is exaggerated. Brian Barry (Barry 1974, p. 493) rightly points out that “… the normal way of understanding ‘democracy’ is to suppose that it refers to the internal distribution of power within a political unit”. By a "democratic procedure" he means the following (Barry 1991, p. 25): ...a method of determining the content of laws (and other legally binding decisions) such as that the preferences of the citizens have some formal connection with the outcome in which each counts equally. That is to say, I reject the notion that one should build into ‘democracy’ any 4 constraints on the content of the outcomes produced, such as substantive equality, respect for human rights, concern for the general welfare, personal liberty, or the rule of law. The only exceptions (and these are significant) are those required by democracy itself as a procedure. The fundamental meaning of "democracy" is seems to be that citizens are given equal legal resources for taking part in the governing of a state. The conceptual disagreement often concerns the degree of equality needed for it to possible to speak of democracy. Does male suffrage suffice, as in Switzerland before 1971? Or is universal suffrage necessary? By Jon Elster’s minimalist definition, some form of popular control over a state is enough (Elster 1998, p. 98): …let me explain what I mean by democracy. I understand the idea in a minimal sense, as any kind of effective and formalized control by citizens over leaders or policies: ‘effective’ to exclude ritual forms of participation, and ‘formalized’ to exclude rebellion as means of control. The existence of democracy does not depend on whether the control is ex ante or ex post, direct or representative, one-step or two-step, divided or undivided, or based on a narrow or a broad electorate. Although the extent of democracy may depend on these features of the political system. Elster regards the concept of democracy as a dimension (or continuum) indicating the degree of popular control over a state. A dimensional concept of democracy presupposes an ideal-type definition, of the type formulated by the Danish legal philosopher Alf Ross in Varför demokrati (Why Democracy?) 1946.5 As we shall see below, Herbert Tingsten took the same view as Ross did on the question of how to formulate a definition of "democracy". Both proceeded on the basis of two principles. First, the definition should link up to predominant linguistic usage; second, it must be scientifically fruitful (Tingsten 1933, p. 58; Ross 1968, p. 84). The definition of "democracy" is not, in their view, determined by what one considers desirable or possible to implement; rather, it is a conceptual reconstruction of principles for a form of government which has existed since Athenian democracy saw the light of day. Lexical and scientific reasons, not political reasons, ought to govern our choice of democracy’s definition, they argued. They advocated the idea of minimal, reconstructive definition, which only states the semantically necessary elements in the concept of democracy (cf. Sartori 1984, p. 56). But definitions of “democracy” are often modified in order to devise a conception of democracy, which serves to legitimate a normative political theory. The conflict between the two doctrines of democracy which is usually presented in political-science classes (see, e.g., Lively 1975)—that between elitists (or revisionists) and participationists (or classicists)—is often formulated in semantic terms. The most famous representative of the elitist school, Joseph Schumpeter, formulated the difference between the two schools in terms of different definitions of “democracy” (Schumpeter 1952, p. 250). His own definition reads as follows: The democratic method is that institutional arrangement for arriving at political decisions in which individuals acquire the power to decide by means of a competitive struggle for people's votes. Opponents considered his definition to be “revisionist”, since it altered the classical meaning of “democracy”. Schumpeter formulated the classical meaning of “democracy” as follows (Schumpeter 1952, p. 250): 5 ...that institutional arrangement for arriving at political decisions which realises the common good by making the people itself decide issues through the election of individuals who are to assemble in order to carry out its will. Schumpeter revised this definition because he thought classical participatory democracy both dangerous and unrealistic. Robert Dahl, on the other hand, used a different semantic strategy; he proposed a new term for elite democracy: “polyarchy” (Dahl 1971). Dahl preferred to reserve the term “democracy” for classical Athenian democracy. He defined it (“full procedural democracy”) in terms of five procedural conditions (Dahl 1989, p. 222): Voting equality. 2. Effective participation. 3. Enlightened understanding. 4. Control of the agenda. 5. Inclusion. In a “polyarchy”, by contrast, seven institutions form the counterpart to these principles (Dahl 1989, p. 222): 1. Elected officials. 2. Free and fair elections. 3. Inclusive suffrage. 4. Right to run for office. 5. Freedom of expression. 6. Alternative information. 7. Associational freedom. Dahl’s definition of “full procedural democracy” may be seen as an ideal-type definition. A polyarchy can in that case be regarded as a “real type” along the same dimension, with a certain distance from the ideal type (Cf. Ross 1968, p. 94.) An ideal-type definition should not be confused with an ideal in the political or moral sense. It is simply a question of refining a concept. No “one-sided value-maximising” is implied.6 An ideal-type definition can be descriptive and value-neutral. Schumpeter’s definition may be interpreted as describing a real type, which diverges from an ideal type. In that case, the difference between his definition and that which he ascribes to participationists has more to do with differing distances from an ideal type than with different concepts of democracy. Yet neither Schumpeter’s definition of democracy nor the “classical” one (as he formulated it) implies, logically speaking, the taking of any normative position vis-á-vi the arrangements denoted by the term. Nor does it imply any empirical argument regarding the realism of instituting such arrangements. The Value of Democracy If one wishes to say something about the desirability of democracy, one must talk about something more than just the term "democracy". One must stipulate a value—a value to be fulfilled by the thing denoted by the term. The elitists (Joseph Schumpeter, Giovanni Sartori, Anthony Downs, Harry Eckstein, the earlier Robert Dahl) recommend an elite-dominated form of democracy, on the grounds that such a system serves to promote social peace, stability, and efficiency. They regard a democratic competition between elites as more realistic and appropriate than a broad democratic participation in the exercise in political power. The participationists—among whom Rousseau, J.S. Mill, G.D.H. Cole, and C. Pateman 6 are usually counted—recommend participatory democracy, on the grounds that this form of government fosters a sense for the common good, personal development, and equality. Political participation, they aver, brings good consequences. The deliberative democracy championed by Jürgen Habermas may also be said to defend democracy with reference to its consequences. The purpose of public deliberation is to discover what justice is and implement it by means of a democratic state. This division into elitists and participationists, however, is a rather rough way of classifying democratic theorists. Within these groups there are critical differences. Certain elitists see democracy as a way of maximising preference-satisfaction (Downs 1957); others see it simply as a way to prevent the contest for political power from assuming a violent form (Schumpeter 1952; Popper 1972; Bobbio 1993; Riker 1982). Among participationists too, there is disagreement about the ultimate ends of democracy. Pateman emphasises personal development; J S Mill and Habermas also stress the discovery of principles of justice (cf. Nelson 1980). Charles Beitz has proposed a more abstract and clear-cut way of categorising arguments for democracy. Democracy, he writes, can be defended with three types of argument (Beitz 1989, p. 20): 1. Democracy is a just procedure. (Procedural theories) 2. Democracy leads to morally desirable outcomes. (Best-outcome theories) 3. Democracy results in the realisation of the popular will. (Popular-will theories) All three arguments are based on a specific conception of political equality. The first focuses on equal terms of participation in political decision-making. The second on the equal moral status of all citizens's in regard to the outcome of democratic decision-making. The third conceives political equality in terms of equal weight of citizen's preferences in the aggregation of collective decisions. A procedural theory says that democratic procedures have an intrinsic value, irrespective of their consequences. It sees in democracy a form of pure procedural justice—an argument akin to Nozick’s defence for private ownership (Nozick 1974). Best-outcome theories presume that democracy realises an independent value; the value of democracy is merely instrumental. It is the consequences of democracy that make it desirable. Such consequences should be justified, however, by reference to a moral principle that treats everyone equally, e.g., utilitarianism. Another theory falling in this category is Rawls theory of justice, with its call for social equality (Rawls 1980). All normative theories which rank-order different social states of affairs can defend (or deny) the value of democracy in terms of its results. Many elitists and participationists defend democracy (as they define it) by reference to the desirable outcomes it produces. Habermas, for his part, may be said to advocate an indirect outcome theory: he sees democracy as leading citizens to discover what justice is and then to implement it (Habermas 1988; Dryzek 1994). 7 Popular-will theories defend democracy to the extent that it realises the popular will. This is primarily a question of what are usually called “collectively rational decisions”, i.e., decisions which can be derived from individual rank-orderings of different public decisions. So-called social-choice theory is based on this normative premise (Elster 1986). Kenneth Arrow’s impossibility theorem (Arrow 1963) also takes its point of departure in a popular-will theory. Arrow shows that democracies cannot reach decisions, which are collectively rational—unless some reasonable conditions are set aside. Among these arguments it is only the procedural one that sees democracy as a good in it self. The other two regard it as merely an instrumental value. In the best-outcome theory, however, it is a moral value to be maximised. The popular-will theory disregards the moral legitimacy of the decisions and the outcomes. It is solely its ability to maximise the popular will—whatever it is—that endows democracy with value. To this extent the popular-will theory calls to mind neo-classical market theory—only the preference-satisfaction of individuals counts. This categorisation of arguments for democracy would appear to be fruitful, although neither exhaustive nor mutually exclusive. As I will show below, moreover, Beitz’ typology of arguments for democracy help us differentiate between the arguments for democracy adduced by the three political scientists examined in this article. Herbert Tingsten Herbert Tingsten’s writings in political science were dominated by questions having to do with democratic government. Tingsten defended his doctoral thesis in political science at Skytteanum in Uppsala in 1923. His thesis concerned public referendums in the United States. In Demokratiens seger och kris (1933)— a book delving into both political science and the history of ideas—he reviewed the history of modern democracy. In Demokratiens problem (1945), he focused more on conceptual analysis; it was here that he formulated his well-known thesis about the “belief in democracy” as an “super-ideology” (Tingsten 1945, p. 57). In Från idéer till idyll (1966)—the subtitle of which reads Den lyckliga demokratien—Tingsten claimed that ideologies are dead, and that a “harmonious democracy may on the whole be considered the political form of the welfare state” (Tingsten 1966, p. 60). Tingsten has been associated with a “formal” and “procedural” concept of democracy—one neutral in relation to different ideological positions along the "rightleft" dimension. In principle, he argued, both capitalism and socialism are compatible with democracy. But he thought, influenced by Hayek, that a socialist planned economy would issue in a concentration of power that would threaten democracy over the long run (Tingsten 1945, p. 201f.). After reading Hayek’s The Road to Serfdom, in fact, he left the Social Democratic Party, and became a liberal. During the 1950th he was a Editor in chief of the liberal newspaper Dagens Nyheter. Tingsten’s concept of democracy stood at centre in the debate over democracy initiated by the so-called New Left at the end of the 1960s. Tingsten was accused of having a formalistic or even “ceremonial” notion of democracy (Tännsjö 1975). Nils 8 Elvander defended Tingsten, and coined the expression “content-oriented definitions of democracy” to denote definitions which included possible outcomes of democratic procedures—e.g., socialist conditions of production (Elvander 1975a, 1975b). Definition or Argument? Tingsten never devised any exhaustive definition of “democracy”. He thought it was fruitless to formulate a “definition in a few lines” (Tingsten 1945, p. 58). Instead, he believed, scholars ought to try to illuminate the “difficulties, obscurities, [and] tendencies towards tension and contradiction that lie hidden within the term as generally used” (Tingsten 1945, p. 98). In Demokratiens seger och kris (Tingsten 1933, p. 58), however, Tingsten wrote that “democracy” refers to: … a particular organisation of government; an organisation, in which regular and legally unconstrained expressions of popular opinion—largely in the form of elections, in practise—are central elements. When Tingsten discussed the meaning of “democracy”, his perspective was not normative but semantic. At bottom, he wrote, it is only a “question of definitions” (Tingsten 1933, p. 58). He did not mean thereby to say, however, that the definition of “democracy” could be chosen arbitrarily. He gave two reasons for his choice of definition—to accord with a predominant usage among political scientists, and to facilitate a “lucid presentation” (Tingsten 1933, p. 58). In Demokratiens problem (Tingsten 1945, p. 57), he formulated his concept of democracy indirectly, in the form of what the “belief” in democracy means: The belief in democracy is not a political outlook in the same sense as, e.g., conservatism, liberalism, or socialism. It refers to an idea about the form of government, the technique for political decisions—not the content of state decisions or the structure of society. It may thus be considered a kind of super-ideology—in the sense, that is, that it is common to a range of political outlooks. One is a democrat, but also a conservative, a liberal, or a socialist. The idea that a belief in democracy is a “super-ideology” has had great influence, both in the field of political science and in the debate over democracy in the political realm. It may be said, without exaggeration, to have formed the democratic, political culture, which has predominated in post-war Sweden. Many scholars have interpreted the super-ideology thesis as a normative argument for democracy. The assumption is that Tingsten defends democracy because it entails a neutral procedure for political decision-making (see Hermansson 1992, p. 94). This would mean he disregards the consequences of democracy in his argument for it, and instead adopts a variant of the procedural theory of democracy laid out in Beitz’ categorisation (see above). In the last sentence in Demokratiens problem, however, Tingsten submits a consequentialist argument for democracy (Tingsten 1945, p. 264): Yet it may be legitimate, in today’s situation, to stress first and foremost that democracy presupposes personal independence, and that it cannot be justified except as a striving to liberate and develop the personality. (My emphasis.) 9 Here Tingsten offers a consequentialist argument along the lines of J.S. Mill’s defence of democracy (Mill 1983). It is the liberal perfectionist idea that the freedom and personal development of the individual has value in it self that forms the basis for democracy’s defence. This is not a neutral defence for democracy; nor is it an argument for it on the grounds that it constitutes a neutral procedure. Moreover, Tingsten presents consequentialist arguments for democracy elsewhere: One can, from a broadly pacifistic point of view, see in democracy the best means of bridging or successively eliminating social differences through compromise…(Tingsten 1933, p. 63) …Democracy does not necessarily bring about a community of values, but it presumes such a community of values in a higher degree than do other forms of government. (Tingsten 1945, p. 88.) Tingsten saw in democracy a way of creating peace and harmony in society, and facilitating the free personal development of the individual. In Beitz’ terms, Tingsten defended democracy in terms of “best outcomes”. How can this focus on democracy’s good consequences be reconciled with Tingsten’s thesis of a “democratic super-ideology”? If democracy actually increased tension in society, and undermined the liberation and personal development of the individual, Tingsten would be forced to call its value into question. But that would appear to contradict his claim that one is a democrat first of all, and only then a conservative, liberal, or socialist, i.e. that democracy is more important than the different values defended by your political ideology. One way of resolving this contradiction is to interpret Tingsten’s super-ideology thesis as an explication of the concept of democracy, rather than as a normative defence for democracy. Tingsten simply wished to point out certain analytical relationships. If one advocates democracy, Tingsten argued, then one has to accept decisions running contrary to one’s ideological convictions. The thesis of a democratic super-ideology may be interpreted simply as an effort to clarify the rules of the democratic game. The rules are such that one must accept outcomes opposed to one’s own ideological preferences. The rules of chess could be explicated in the same way: one must accept the loss of one’s queen, even if one does not want to. It does not follow from this, however, that one ought to play chess. Likewise, the rules of the democratic game do not say that one ought to be a democrat or that democracy has a supreme political value; they merely specify what it means to be a democrat. Tingsten’s liberal argument for democracy sets boundaries for loyalty to democracy. It may be unlikely that democracy will have the consequence of suppressing the free personal development of the individual, but in principle it is possible. The likelihood that positive consequences will outweigh negative ones makes it reasonable, on the basis of Tingsten’s argument for democracy, to defend the democratic system. In principle it is not reasonable, however, to defend democracy and then argue that one should disobey a particular democratic decision because you dislike it. One must accept that democratic procedures are neutral in relation to different outcomes— including outcomes to which one is opposed. But Tingsten does not base his defence of democracy on the idea that such a system is neutral vis-à-vis different outcomes. Instead, his defence is plainly based on 10 something resembling a perfectionistic, liberal doctrine of autonomy—which is hardly neutral (cf. Petersson 1989).7 A socialist would not describe the merits of democracy as Tingsten did: equality and social justice would weigh more heavily than the free personal development of the individual. Nevertheless, both liberals and socialists must accept the different outcomes generated by the democratic system—insofar as they want democracy (for whatever reason). The procedural import of democracy must be distinguished from procedural arguments for democracy. We may compare Tingsten with another theorist with a procedural concept of democracy: Robert Dahl. In “Procedural Democracy” (Dahl 1992), Dahl defines “democracy” in terms of certain procedural conditions (see above). But for Dahl too, this is first and foremost a matter of conceptual analysis, not of arguments for democracy. A term’s definition can never, as a logical matter, be an argument for that which the term designates. Dahl bases his argument for democracy on “the strong principle of equality” (Dahl 1989, p. 97 f.). This principle of equality prescribes both political equality (i.e. democracy) and fair outcomes (equal social and economic resources). Like Tingsten, Dahl defends democracy in terms of autonomy and personal development. The moral foundation of democracy is the idea that all shall enjoy equality of opportunity to fulfil their conception of the good. When Dahl explains why democracy is just, he cites Rawls’ division of procedural justice into two categories (Dahl 1989, p. 165; Rawls 1980, p. 83f.). Pure procedural justice obtains when justice consists in the following of rules, while the outcome is irrelevant (as in various games). By contrast, perfect (or imperfect) justice obtains when a certain procedure issues in a certain outcome. Here justice consists in the fact that the use of a certain procedure serves to realise a criterion of justice, which is defined independently of the procedure. If the procedure is not wholly reliable, and so sometimes “misses the target”, it may be said that imperfect procedural justice obtains. As an example of the latter, Rawls adduces the rules followed in courts of law, the observance of which sometimes issues in the conviction of the innocent or the acquittal of the guilty. The independent criterion of justice in a court of law states that the guilty are to be convicted and the innocent acquitted. But no juridical procedure can guarantee a just outcome. It is essentially in these terms that Dahl and Rawls view democracy (Dahl 1989, p. 168; Rawls 1980, p 198). Democratic decisions have, they believe, good consequences in terms of social and economic equality. Thus, democracy is a form of imperfect procedural justice, according to Dahl. The independent criterion has to do with equality of opportunity—in both the political and the private sphere. If democratic actors are enlightened and informed, they will make use of the democratic system to treat people in accordance with justice (Dahl 1989, p. 168). However, the relationship between democracy and justice is contingent, not analytic. In sum, democracy cannot justify itself. The fact that democracy is neutral in relation to different outcomes is no reason to hold oneself morally neutral—whether vis-à-vis democracy or vis-à-vis various democratic outcomes. Dahl puts the following words in the mouth of democracy’s defenders: “I find it mindless to suppose that we could 11 justify the democratic process on moral grounds if we believed that no moral grounds exist external to process itself” (Dahl 1989, p. 268). On the other hand, if we proceed on the basis of what the democratic rules of the game mean, we can view democracy as a form of pure procedural justice, which legitimates its own decisions. Democracy is a legal order which stipulates that certain decision-making rules are to be followed—not that certain decisions are to be made or that certain consequences are to be reached. Yet the internal procedural justice of democracy is one thing; defending this procedural justice is another. The legal principles of democracy do not coincide with the moral principles than can legitimate democracy. Abstract moral principles of justice—such as those articulated by Rawls—might be adduced in defence of introducing certain legal principles of rights, e.g., democracy. Tingsten’s view of democracy can be interpreted in the same way. Democracy is defended on the grounds that it represents imperfect procedural justice. There is an independent criterion (peace and the free personal development of the individual) to which democracy is presumed to lead. Yet from an internal, conceptual standpoint, democracy may be said to entail neutral procedural justice: all outcomes are democratically legitimate which have emerged from a process governed by democratic rules. However, the neutrality of democracy is no argument for moral or ideological neutrality in relation to democracy—or the decisions made in a democracy. If Tingsten’s super-ideology thesis is taken to mean that all outcomes of democracy ought to be tolerated, it becomes absurd and self-contradictory. The contradiction disappears, however, if we interpret it as an explanation of what democracy means and, hence, what it means to adhere to democracy. Dahl may be similarly understood. His notion of “procedural democracy” (Dahl 1992) based on a conceptual analysis, while his “strong principle of equality” is an argument for democracy. The latter cannot be deduced from the concept of democracy as such, any more than Rawls’ principles of justice can be. The value of democracy is derived instead from a theory of what justice is, not from a conceptual analysis of what "democracy" means. From the standpoint of justification, the “belief in democracy” is subordinate to general normative political principles, in the sense that democracy’s value can only be defended by reference to such principles. On the other hand, the acceptance of democratic decisions has priority over other political values if one has chosen to accept democracy. This point is crucial for the understanding of Tingstens conception of democracy. He did not argue that democracy should be regarded as the highest value. It was the other way round: he defended democracy on the basis of a higher political value (a perfectionist liberal one, in his case). The “democratic super-ideology” may be compared with what Rawls calls an “overlapping consensus” (Rawls 1983, p. 133ff.), which is to say: a shared understanding of the legitimacy of democratic principles. But this “consensus” does not mean that all actors see democracy as something more important than their basic ideological values; it simply means that they all support democracy - for some reason.8 But their arguments for democracy can vary. A socialist, a liberal, and a 12 conservative may in the first instance profess their own ideology, and in the second adhere to democracy—insofar as their own ideology gives them good reasons to be democrats. There are three questions that must be distinguished: 1. Why should there be democracy? 2. Which political obligations do political actors have in a democracy? 3. Which political obligations must political actors believe that they have in a democracy? With his idea of a democratic “super-ideology”, Tingsten sought to answer the second and third questions—not the first. He is often misunderstood on this point. Jörgen Hermansson interprets Tingsten’s “super-ideology thesis” as a procedural argument for democracy—an interpretation open to question.9 The “super-ideology thesis” may be compared with what the Swedish philosopher Ingemar Hedenius called a "oäkta rättssats", i.e. a statement of positive law (Hedenius 1963). It addresses the question of which rules actually apply in a democracy. A "äkta rättssats", i.e. a statement of what is just, on the other hand, addresses itself to the question of which rules ought to apply. A normative defence of democracy is based on a statement of what is just. Strictly speaking, however, Tingsten’s super-ideology thesis does not address this matter. It has the form of an analytical claim, not a prescription. The question of democracy’s value never troubled Tingsten particularly. He never formulated any theoretically elaborated defence for democracy. He did not spend so much time on normative political theory. In Demokratiens problem (1945), he took the importance and value of democracy more or less for granted, making no effort at exhaustive justification. The value of democracy in post-war Europe was more or less self-evident. Tingsten's argument was to a great extent negative: the alternatives to democracy had turned out to be horrific (c.f. Popper 1972). But many of Tingsten’s formulations show the influence of J.S. Mill. He argued that popular government is based on certain conceptions of the good, which are a matter of welfare, liberation, diversity and solidarity (Tingsten 1945, p. 264). The defence of democracy is thus conditional, as in the case of J.S. Mill. It is the good consequences—not the inherent value—of democracy that makes it worth defending. Many modern egalitarian liberals ( such as Dahl, Rawls and Dworkin) argue in the same consequentialistic fashion. Tingsten may be placed in this liberal mainstream. Tingsten offers an outcome-based defence for democracy. The fact that he analyses democracy in terms of procedures for decision-making does not mean that he argues that such procedures have any intrinsic value. Nor does he argue for the precedence of any such intrinsic value of democratic procedures over other values stipulated by political ideologies. Tingsten’s focus on procedures and “decision-making techniques” should be interpreted as an effort to explicate the concept of democracy. But it is important to note that Tingsten had in mind the decision-making practices specified in a constitution of a state—not decision-making practices in general. Thus he followed Alf Ross in making analytical connection between democracy on the one hand, and power over a legal system on the other. Democracy is not the same thing as a 13 “procedure”; rather, it is a distribution of power institutionalised through a procedure (c.f. Barry 1972). On this point Tingsten could have been clearer. Tingsten and Elvander Nils Elvander, Professor in political science in Uppsala, defended in the early 1970th Tingsten's procedural concept of democracy. He accused the New Left for using a "content-oriented" definition of "democracy". If we focus on the meaning of “democracy” as a distribution of power, we can more readily detect the misinterpretation involved in what Elvander (Elvander 1975a, p. 35) called a “outcome-oriented” definition of democracy.10 One cannot “fill” the concept of power with demands that the power be used in a specific way. It is an open question as to how those with power will use it. If someone is in a position of power, it would seem to follow that she is able to use her power as she wants—otherwise, she are not in a position of power. It is the neutrality of the concept of power vis-à-vis different outcomes, which forms the basis for democracy’s neutrality in relation to different outcomes. Were one to try to get normative implications out a definition of “democracy” (which is not possible, as I have argued), the conclusion would have to be that Tingsten’s definition was more radical than that of the New Left, who wanted to include socialism in the definition of democracy. He based his definition, after all, on what the term had meant since ancient times: “popular power” or “popular rule” over a state—irrespective of the particular laws the people want. The legislative power can then be used to establish the economic system that is supported by the majority of the people. But the argument for defining “democracy” in a certain way is not that the concept of democracy ought to be neutral. Nor is it that democracy itself ought to be neutral. On this point Elvander differed from Tingsten. Elvander cited both normative and political reasons for Tingsten’s definition of “democracy” (Elvander 1975b, p. 120): In stipulating the formal definition, one takes a normative position: our concept of democracy should be so constituted that it can be accepted by all currents of political opinion which accept the rules of the game specified in the definition. It follows from this that the definition must be formal and not content-oriented; it cannot embrace a particular party ideology. Elvander thinks the definition of “democracy” must be adjusted to what the actors consider to be legitimate rules of the game. His reasons for adopting a “formal” definition of democracy thus differ from Tingsten’s. Relativising the concept of democracy according to what could be accepted was foreign to the latter. It was not the role of the democratic super-ideology to govern the definition of “democracy”. On the other hand, a democratic super-ideology was precisely a democratic superideology, and nothing else. When Tingsten wrote, “One is a democrat, but also a conservative, a liberal, or a socialist”, his purpose was not to adjust the concept of democracy according to what conservatives, liberals, or socialists could accept. His purpose was to explain what democracy means—irrespective of what conservatives, liberals, or socialists consider it to mean. 14 The difference between Tingsten and Elvander is not unimportant. Elvander cites political reasons for accepting a certain definition of “democracy”; Tingsten, by contrast, cites semantic reasons for his definition of democracy, and political reasons for accepting democracy. His polemic against the New Left on the question of definitions was not political but semantic: their definition was mistaken. However, the semantic question was not just a question of semantics; it was also a question of rational argumentation about democracy. When, in after years, one studies the debate over democracy initiated by the New Left in the 1960s, it becomes clear there were several basic misunderstandings about the meaning of Tingsten’s concept of democracy. The charge was that he disregarded “real” conditions and focused on “formalities”. All definitions are formal in a technical sense, in that all can be expressed as a formula. But that which the term “democracy” denotes in its “formal” definition is something altogether real—namely, the legally institutionalised power of citizens over a legal system that controls the whole society (i.e., a state). The structure of power denoted by “democracy” in its “formal” definition is in fact more sweeping and radical than the one which the New Left wished to include within the concept of democracy. In Tingsten’s definition of “democracy”, after all, citizens have the power to choose their economic system. As a matter of fact, the expression “procedural definition”—often used in reference to Tingsten’s (and Dahl’s) definition of democracy—is misleading. Firstly, the definition is not “procedural” (a definition cannot be “procedural”) but reconstructive (i.e., it is a lexically based stipulative definition). Secondly, that which “democracy” designates is not a procedure, but a distribution of power by means of a procedure. Expressions like “technique for decision-making”, “form for decision-making” etc. give a misleading description of the type of entity denoted by the term “democracy”.11 They fail to capture the dimension of power present in the concept of democracy. Tingsten’s focus on forms and techniques for decision-making was shared by Alf Ross (Ross 1968) and Hans Kelsen (Kelsen 1955), with whose notions of democracy he strongly sympathised. Their concept of democracy was founded on a legal-realist concept of the state. A state is a legal order ultimately consisting of effective relations of obedience. Democracy is a legal structure, which gives citizens the legal resources to control an apparatus of coercion. But the stress on legal resources should not be confused with “formalism”. What Tingsten had in mind was positive constitutional law, i.e., what Brusewitz called the "levande statsskick". Positive law finds its counterpart in actual relations of obedience within a state (c.f. Hart 1960?). Tingsten often made use of what is called real or class definitions of “democracy”, which describes institutions characteristic of existing democratic states (c.f. Naess 1956, p. 27). As Bengt-Ove Boström points out, this is a weakness on Tingsten’s part (Boström 1988, p. 158). A class definition of “democracy” states analytically necessary conditions for democracy. But one cannot rank-order states with respect of their degree of democracy by help of a class definition. A rank ordering requires an ideal-type definition that defines “democracy” in terms of one or several dimensions. 15 Alf Ross, whom Tingsten admired, formulated an ideal-type definition of “democracy” that makes possible a rank ordering of states with respect of democracy (see note 4). Tingsten’s claim that the development of parliamentarism means democratisation (Boström 1988, p. 128) seems implicitly to assume the same basic ideal-type definition that Alf Ross used. The fact that he saw the United States as less democratic than countries governed by sovereign democratically elected parliaments reflected above all the fact that majority rule in the U.S. is restricted by material constitutional principles which are protected by the Supreme Court.12 From this it does not follow, however, that Tingsten rejected presidentialism and the separation of powers in favour of parliamentary democracy. His concept of democracy, like Ross’, is value-neutral; the term “democracy” has a descriptive meaning. Tingsten often referred favourably, in fact, to the American type of democracy. He regarded its combination of majority rule and an “old-liberal” constitution as an example to the democracies of Europe (Tingsten 1945, p. 33). Tingsten’s criterion for good government seems not only to have been the degree of democracy, but rather what he considered to be good results—i.e., social harmony and personal freedom. It is the degree of popular control over a state that determines the degree of democracy. Parliamentary systems furnish broader opportunities for popular control than do systems with a separation of powers; they are therefore more democratic than the latter. Popular control over a state should not be confused, however, with the realisation of the “people’s will” where the outcome of political decisions is concerned. Tingsten did not equate democracy with the implementation of the popular will. To be sure, he wrote “The core of democracy lies in the fact that free manifestations of the voters’ will are binding on the government of the state” (Tingsten 1933, p. 12). However, the “voters’ will” here bears on the choice of representatives or (if the democracy in question is a direct one) on the choice of decisions. In principle, it is the aggregation of “manifestations of the voters’ will” in accordance with the majority principle which distinguishes democracy—not the realisation of the people’s will.13 Democracy, like constitutionally regulated political power in general, extends only to the control of human behaviour through a legal system (i.e., through the threat of force, ultimately). Whether this in fact results in the fulfilment of the people’s wishes is irrelevant. If “manifestations of the voters’ will” are to be binding, political liberties are also needed. Herein lies the conceptual connection between democracy and the protection of political minorities. The continued existence of majority rule requires that existing minorities be able to develop into majorities. Minorities must, accordingly, be guaranteed political rights and freedoms. But this merely follows from the fact that these rights are universal. Democracy’s legitimacy may also require that the concrete political decisions of a majority not ignore the intensive opposition of a minority to a certain decision. The first kind of minority protection is contained within the concept of democracy itself. The second kind, according to Tingsten, is a matter of the conditions requisite to the successful operation of democracy. Yet democracy is a monistic form of government, in the sense that the citizens form a single sovereign political body.14 16 Tingsten cannot really be said to have had his own doctrine of democracy. His great contribution lies rather on the pedagogical and analytical level. Where definitions are concerned, he adhered to a dominant semantic convention among political scientists. Where values are concerned, he formed part of the social-liberal tradition, with its stress on the free personal development of the individual. Tingsten’s concept of democracy has no normative connotations.15 He did not choose a definition of “democracy” in order to justify either democracy or the value he ascribed to democracy. His refinement of the concept of democracy separates him partly from the other two political scientists studied in this paper. As we shall see, they have had a tendency to define "democracy" in such a manner as to stipulate a goal of democratic government, within the concept of democracy itself. Jörgen Westerståhl In a social-science textbook from 1954, Westerståhl argued that a democratic government has two features (Westerståhl 1964, p. 21f.): 1. A political apparatus expressing the people’s will. 2. Civic freedoms and the rule of law. Subsequently, Westerståhl presented these two features as fundamental “values of democracy”: the “realisation of the people’s will”, and a “free or independent formation of opinion” (Westerståhl 1964, cited in Boström 1988, p. 191). The first value seems the most fundamental. In fact, one could argue that the second value is instrumental vis-à-vis the first, since the will of the people must be freely expressed if leaders are to be affected by it. In an article in Dagens Nyheter in 1956, Westerståhl coined the term “service democracy” (Boström 1988, p. 165). The term refers to a kind of elite democracy in which different parties compete for votes by “serving” up solutions to the problems of large groups. A theoretical kinship is evident here with Anthony Down’s “economic" theory of democracy, according to which it is the preferences of the median voter, which govern the actions of the parties (Downs 1957). Vote-maximisation, rather than any ideological mission, is the goal of the parties in Downs’ model of democracy. The concordance of opinion—or "åsiktsrepresentativitet" (“opinion representativity”), as the term goes—between voters and leaders served as the central criterion for evaluation in the big municipal-research project initiated and supervised by Westerståhl in the 1970s (Westerståhl 1970, p. 43). The purpose was to evaluate the functioning of local democracy following the major reforms of 1952 and 1962, in which smaller municipalities had been amalgamated into larger ones. In the course of this municipal-research project, Westerståhl devised a rather complicated model of democracy for the interaction between voters and leaders (Westerståhl 1970, p. 44). With the help of certain techniques (“technical values”), voters can influence their leaders so that the popular will is carried out. Using 17 Lincoln’s famous democratic formula "Government of the people, by the people, and for the people" as his point of departure, Westerståhl distinguished three types of technique for democratic decision-making: participation, representation, and anticipation. Participation creates an identity between citizens and lawmakers. Representation results in a concordance of opinion between them. Respect for opinion, finally, is supposed to enable lawmakers to anticipate voter opinion. The notion that democracy means the realisation of the popular will is based, according to Westerståhl, on an interpretation of the democratic principle enshrined in the Swedish constitution (Westerståhl 1994, p. 99). In their book Den Svenska folkstyrelsen, Westerståhl and his co-author took the declaration in the constitution about “All public power in Sweden proceed from the people” as the point of departure for their subsequent discussion (Birgersson and Westerståhl 1979, p. 14): In order for it to be possible to say that all public power ‘proceeds from the people’, the popular will must be realized in a reasonable degree. And in order for it to be possible to speak of a popular will, the formation of opinion must take place under conditions meeting reasonable criteria for a free formation of opinion. Westerståhl claimed that, and this is crucial for the understanding of his normative conception of democracy, there is no fundamental difference between direct and representative democracy. The following argument is found in a report from the municipal-research project (Westerståhl and Johansson 1981, p. 12): …A well-functioning representative popular government ought to produce the same results as direct government by the people would have done, on the assumption that all citizens have had the same opportunity as their representatives to participate in decisions and to acquaint themselves with the issues. From this standpoint it would appear that the people govern in a representative popular government too, and that the idea of the ‘realisation of the popular will’ can be kept as the overriding goal. If the above-mentioned “technical values” bearing on the interaction between voters and leaders are maximised, the will of the people can be realised. Westerståhl had no institutional recommendations to make other than those laid out in the Swedish constitution, i.e.: democratic rights, general elections, parliamentarism, and local selfgovernment. In addition to the constitutionally regulated democratic institutions, moreover, parties, organisations, and the mass media provide important resources for realising the popular will. Westerståhl’s normative theory of democracy, which he thought could be derived from the Swedish constitution, may be said to belong to the category of popular-will theories (Beitz 1989, p. 21). The central value of democracy (even its meaning) is the implementation of the people’s will. This norm can be translated into two imperatives where voters and leaders are concerned. Voters should make their will known, and leaders should carry it out. From this follows a particular theory of representation: namely mandate representation (Manin, Przeworski, and Stokes 1999, p. 30). Voters should elect leaders on the basis of their views; leaders in turn should act according to the views they have declared. 18 Definition or Argument? Westerståhl’s definition of democracy raises numerous questions, both conceptual and normative. One crucial question is what is meant by “realisation of the people’s will”. Does this refer to popular wishes in regard to decisions, or in regard to social conditions (i.e., the outcomes of decisions)? Westerståhl writes (Westerståhl 1970, p. 44): Democracy or popular government may be said, keeping close to the definition of the word, to mean that the people’s will or wishes with regard to political decisions are implemented. Here it seems to be the choice of decisions—rather than of subsequent outcomes— which is to reflect the will of the people. From a normative perspective, however, it is far from obvious that decisions are more important than the effects of decisions. In view of Westerståhl’s notion of a “service democracy”, the effects of political decisions would seem to be more important than the decisions themselves. The idea, after all, is that politicians “serve” up solutions to the problems of different groups (Boström 1988, p. 166). But solving voters’ problems is not the same thing as carrying out their wishes in regard to decisions. Voters can entertain misconceptions, after all, about the effects following on various decisions. Furthermore, the drive of politicians to maximise their vote—which Westerståhl cites (Boström 1988, p. 166)—would appear to show that the results of decisions are more important than the decisions themselves. The question is what is more important to voters: that their leaders have the same views, or that they implement policies the voters are happy with. According to the theory of “retrospective voting” (Fiorina 1981), the electorate pays more attention to results achieved than to politicians’ agendas. Retrospective voting is based more on representation through accountability than on representation through a mandate to carry out the “people’s will” (Manin, Przeworski, and Stokes 1999, p. 41). But regardless of whether the behaviour of voters is governed by prospective judgements or retrospective ones, it is hardly reasonable to see in representative democracy simply a mechanism for mandate representation. If we consider the principles enunciated in the constitution, it lies closer to hand to argue that the model of government therein laid down builds more on accountability than on mandate representation. There are no legal regulations holding politicians to the views they have declared. But there are legal regulations giving voters the right to dismiss politicians from their post. In Westerståhl’s view, representatives ought to make the same decisions as voters would have done, had they been able to “acquaint themselves” with the issues to the same extent as the former (Westerståhl and Johansson 1981, p. 12). One must presume he is referring here to knowledge about the circumstances under which the decisions are made, as well as about the consequences of the measures taken. Westerståhl’s argument would seem to mean, however, that the requirement of 19 opinion representativity is secondary, and that outcomes are more important than decisions. It would seem reasonable to assume that voters’ preferences— over both decisions and outcomes are—will vary according to the information they have. Since they lack relevant information, we cannot know what decisions and outcomes they will prefer ex ante. On the other hand, voters can judge both decisions and outcomes ex post. Their judgement need not rest, moreover, on the views they have declared ex ante. If voters are rational utility-maximisers, which the Downsian theory of democracy implies, they will not tend to see any intrinsic value either in opinion representativity or in any decision as such, but in an outcome. And if leaders ought to do what they think voters would have done in the same situation, they should make such decisions as they believe will lead to an outcome the voters want. But since voters often lack the necessary information for making a rational decision, the real will of the people regarding a given decision will often contradict the “hypothetical” will of the people—i.e., the decision the voters would have been made if they had had access to the relevant information. With his notion that politicians ought to make decisions as they think the voters would have done if they been sufficiently well-informed, Westerståhl expresses a kind of “ideal” popular-will theory—a theory, be it noted, which renders the requirements of “opinion representativity” and “respect for opinion” uncertain. It would seem, rather, to be preference-satisfaction and utility-maximisation which are important. This does not mean voters think only about themselves. They can have a utility function which includes justice and other moral values. The critical point here, though, is that voters do not focus on politicians’ views in regard to decisions; rather, they focus on decisional outcomes which they themselves find to be (for whatever reason) satisfactory. This goal-oriented rationality is implicit in Westerståhl’s demand that leaders make the same decisions as voters would have done had they been sufficiently well informed. To complicate the relationship between voters and leaders further, we might question whether the utility function of voters is constant. Perhaps it changes when politicians go against the popular will regarding decisions and/or outcomes. Simply put, voters may be influenced by their leaders and so change their values. The popular will can be different ex ante and ex post. If the focus is on preference-satisfaction ex post, this problem can be avoided. In a theory of “service democracy”, moreover, that would seem to be the main thing: voters should be satisfied “consumers”. It would appear, then, that Westerståhl falls back all the same on the idea that democracy is a question of accountability—not of mandate representation (as presumed by his notion about the implementation of the people’s will in respect of decisions). For the sake of argument, however, let us persist in the assumption that Westerståhl regards the implementation of the people’s will (whether regarding decisions or regarding outcomes) as the important thing in a democracy. In that case we may ask: is this a conceptual or an empirical connection? (See Boström 1988, p. 194.) Westerståhl expresses himself in a manner suggesting he has a conceptual connection 20 in mind. The connection between democracy and the implementation of the people’s will derives from “the definition of the word” (see quote above from Westerståhl 1970, p. 44). Elsewhere Westerståhl writes that democracy “is characterised” by the implementation of the popular will. This characteristic can be a contingent, empirical characteristic, logically unconnected with democracy. The statement that the implementation of the people’s will is a “democratic value” can be interpreted as meaning that an empirical relationship obtains between democracy and the implementation of the people’s will. The latter is quite simply a value that ultimately legitimates the introduction of democracy. Popular power or popular will? The problem in Westerståhl’s idea about the implementation of the popular will is that he avoids the issue of power. In his view, the concept of power is so ideological and abstruse as to be of no use in political-science research (Boström 1988, p. 169). He chooses a system-oriented perspective instead. Since he assumes the political system is a system for decision-making, he makes the concordance of decisions with the popular will into the central evaluative criterion. But the question is whether the concept of the “popular will” is any less abstruse than the concept of “power”. An alternative perspective is that a political system distributes public power through legal resources. Were one to cite the “definition of the word”, one could argue that democracy is often equated with “the power of the people”. It is also rendered as “popular sovereignty”. In fact, “democracy” is seldom regarded as synonymous with “the implementation of the people’s will”. As a matter of conceptual analysis, Westerståhl’s equation of democracy with the implementation of the people’s will is highly doubtful. One can govern and have power without achieving one’s will—and one can achieve one’s will without governing or having power. It is remarkable that Westerståhl seeks to derive his doctrine of democracy from the Swedish constitution, even as he refuses to deal with the concept of power. In the first paragraph of the constitution, after all, it is precisely the power of the people which is set forth as a fundamental principle: “All public power in Sweden proceeds from the people” (RF 1:1). What can be meant by “power” in this context? There are a variety of concepts of power. According to one, power is the “production of intended effects” (Russell 1975, p. 25). Political scientists often view power as a counterfactual capacity: having power means being able to overcome opposition but not necessarily to achieve one’s goals. One can fail to reach one’s goals even while possessing maximal power.16 According to a common view, political power is a relationship of dominance or control between people (cf. Dahl 1982, p. 22). One who has power can prevent another actor from performing a certain act. Power can be seen as a potential resource “to make a difference”, which is not the same thing as enjoying “prospects of success” (Beitz 1989, p. 10). 21 It is certainly open to question whether the popular power prescribed in the constitution can be equated with “the implementation of the popular will”. The popular will can be implemented in the absence of popular power, and popular power can prevail without political decisions (still less outcomes) corresponding to the popular will. What the constitution prescribes is a legal order giving citizens the legal resources to control holders of political power. The most important resource is the right to choose and thus to dismiss representatives in political assemblies. If the constitution is interpreted in terms of the implementation of the popular will, then it is primarily the choice of political representatives which is in question. When they vote in local or national elections, citizens give expression to a preference for a party or candidate. But there is no rule saying they must vote for the party or candidate whose opinions they share. It would seem misleading to claim that our representative form of government builds on the principle of opinion representativity, as is claimed in a textbook (Larsson 1993, p. 121). The basic principle is legally regulated voter power. What the motives of the voters are when they exercise their power is irrelevant. They may choose their candidates for a multitude of reasons having nothing to do with opinion representativity, e.g., identity-related matters associated with gender or ethnicity (Phillips 1995). Westerståhl’s analogy between direct democracy and representative democracy would also seem to be misleading. It may be reasonably said that, in a direct democracy, decisions on political matters correspond to the popular will (disregarding Arrow’s impossibility theorem). In a representative democracy, by contrast, the will of the people bears on the selection of the persons charged with the making of political decisions. Herein lies a decisive difference. Three different questions should be distinguished when discussing democracy and the popular will: 1. What decisions do the people want? 2. Whom do the people want as decision-makers? 3. What outcomes do the people want? The people can have preferences over three different domains: that of decisionmakers, of decisions, and of social states of affairs. In a representative democracy, citizens enjoy political equality in the choice of decision-makers. It is not, strictly speaking, their preferences about opinions or social states of affairs which are aggregated—only their preferences about the choice of decision-makers. Universal and equal suffrage in accordance with the majority principle (in some form) means that the preferences of all are given equal weight in the selection of representatives; however, the voters need not base their choice on the opinions of the different candidates or on the desirability of different social states of affairs. The voters may say, with Burke, that their representative owes you "...not his industry only, but his judgement; and he betrays, instead of serving you, if he sacrifices it to your opinion" coated in Rawitch 1992, p. 50) - and they may choose representatives entertaining the same ideal of representation. Westerståhl seems to presume that representative democracy is based on a certain concept of representation—namely, mandate representation. But if the focus is rather on power in a representative democracy, representation proves to be a question of 22 delegation and accountability. Voters can only choose or dismiss the persons who make the decisions. What motive the voters have in so doing does not matter, from a democratic standpoint: they have the sovereign power to choose. It is not the implementation of the people’s will which is the common denominator between direct and indirect democracy, but rather the power of the people. In a direct democracy, popular power is used to make decisions (and order measures); in a representative democracy, popular power is used to choose the persons who make decisions (and order measures). Citizens have “a capacity to make a difference” (Beitz 1989, p. 10). In the end, the right to vote gives only the right of control ex post— nothing more (cf. Riker 1988, p. 9). If any democratic norm can be derived from the Swedish constitution, it is that of accountability, i.e., voter power. Using the words of Elvander, Westerståhl may be said to champion a “content-oriented” definition of democracy. He transforms a likely - and perhaps desirable - but not necessary result of democracy into a conceptual condition for democracy.17 While the implementation of the popular will is not the same thing as democracy, it can certainly be a criterion for evaluating a democratic system. The value of a democratic system will thus increase to the extent it results in the implementation of the people’s will. (The degree of democracy itself, however, will not increase). An efficiency perspective is thus applied to democracy. There are two efficiency aspects of democratic decision-making. First, the degree of correspondence between decisions and the popular will (decisional efficiency); second, the degree of correspondence between outcomes and the popular will (outcome efficiency). If outcome efficiency is considered the important thing, then decisional efficiency might be defended by reference to its instrumental value. But decisional efficiency is neither a necessary nor a sufficient condition for outcome efficiency. Decisional efficiency can even stand in direct contradiction to outcome efficiency—if a collective decision does not lead to the desired outcome. From a theoretical standpoint, it might be imagined that undemocratic systems are more efficient at implementing the people’s will in regard to outcomes. In the course of the debate about whether or not Sweden should join the EU, the argument was heard that, while the EU is not democratic, it can be defended on democratic grounds—because it is efficient in reaching desired policy outcomes (see Jacobsson 1997). This is the idea behind the functionalistic perspective on the EU taken by Fritz Scharpf (Scharpf 1988). Indeed, Scharpf defines democracy in terms of goals achieved.18 The value Westerståhl ascribes to democracy can be interpreted in one of two ways. Either he emphasises decisional efficiency, or he emphasises outcome efficiency. In the first case, his argument for democracy can be interpreted as a popular-will theory; in the second, it can be interpreted as a preference-utilitarian outcome theory. In either case, however, the value of democracy is merely instrumental. Evaluating a democratic system always means choosing an evaluative criterion. Westerståhl’s ambition was not to choose, but rather to interpret something already 23 chosen—namely, the constitution. But what the constitution prescribes is democracy, not the effects of democracy. The constitution can serve as a norm if, instead of measuring the effects of democracy, we measure the degree of democracy. But the degree of democracy ought in that case to be defined in terms of popular control over those in power. How well is the process of accountability functioning? (This question is not, be it noted, identical with the question: how well are the views of the voters being represented?) If the constitution is to be used as a norm, we can also ask whether Swedish democracy ought to be evaluated solely on the basis of its degree of democracy. After all, the constitution stipulates a number of liberal and constitutionalist principles that go well beyond the bounds of democracy (see RF, chapter 2). It also prescribes other outcomes than the enactment of the people’s will. Olof Petersson has seized upon several of these liberal principles in his concept of democracy, to which I turn in the following section. Olof Petersson Olof Petersson’s general perspective on democracy bears a distinct liberal imprint. Whether in his writings in Power Commission or in the reports put out by the SNS Democratic Audit, the difference between democracy and liberalism is hard to detect. The connection between democracy and liberalism is expressed in conceptual, empirical, and normative terms. The core idea of the concept of democracy, according to Petersson, is “autonomy” (Petersson 1989, p. 99). A state is democratic to the extent its citizens autonomously govern it, he argues (Petersson 1989, p. 100). But his concept of democracy relates not just to the collective governance of a state, but also to individual autonomy in the private and civil spheres. An important aspect of democracy is also what is called the “small democracy”, which refers to the citizen's freedom of choice in different spheres of society (Petersson et al. 1998, p. 44). The values that public policy ought to maximise in a democracy have to do with autonomy—i.e., “pluralism, diversity, and real opportunities to utilise freedom” (Petersson 1989, p. 103). In Petersson’s writings, a “monistic” concept of democracy is set against a “pluralist” one. The first is collectivist and geared towards society; the latter is pluralist and centres on the individual (Petersson 1993, p. 38; cf. Olsen 1990, p. 25). In a monistic democracy, citizens wield collective power over the state through a legislative assembly. A pluralist democracy, by contrast, features a constitutionally regulated system of authority with a separation of powers, a constitutionalist state, and a vital civil society. Democracy and liberal constitutionalism almost merge. The close connection between these two concepts is formulated in both analytical and empirical terms (Petersson 1996, p. 32), a fact which creates logical problems.19 Definitions, Values, and Empirical Data 24 Petersson seems to select his concept of democracy on the basis of three arguments: a semantic argument, a normative political argument, and an argument involving a kind of empirical extrapolation of the current trend of “societal development”. In Swedish Politics, a textbook written for use in an introductory political-science course, Petersson writes: “The democratic model of society has been called the “open society” (Petersson 1993, p. 40). The expression “open society”, however, was used by Karl Popper to denote a liberal society with constitutional limitations on state power (Popper 1972, p. 350). Friedrich Hayek spoke of “the Great Society” (a term derived from Adam Smith) in reference to the same broad constitutionalist ideal (Hayek 1969, p. 163). If one consults a political dictionary, one finds the following definition of an “open society”: “In short, it is a society which is as free from the state as possible, while maintaining good order, cohesion and constitutional politics” (Scruton 1989, p. 334). From the standpoint of the history of ideas, the equation of “democracy” with “the open society” is misleading. Neither Popper nor Hayek used the word “democracy” to designate the constitutionalist ideals they championed. By “democracy” they meant what is usually meant: collective citizen power over a state, i.e., what Petersson calls “monistic democracy”.20 Both men shared the fears entertained by classical liberals— Montesquieu, Madison, Constant, Smith—regarding democracy (see Popper 1972, p. 350; Hayek 1979, p. 98f.). Accordingly, they called for constitutional limitations on popular government. But none of these authors argued for such limitations on the grounds that the concept of democracy and that of an open society are the same. States that do not meet Petersson’s criteria for “democracy”—e.g., universal suffrage—can still be open societies in Popper’s sense. The governments of the United States and Great Britain were stamped by the principles of the open society before they became democratic. Conversely, a concentration of political power in a single parliamentary chamber, an economy controlled by the state, a governmentdirected cultural life—these things do not clash with democratic principles. But they are certainly at odds with the constitutionalist ideal on which the notion of an open society is based. A more accurate parallel, from the standpoint of the history of ideas, is that between democracy and the dictatorship of the proletariat (understanding the latter term in the sense applicable during the Paris Commune of 1871; see Marx 1969). An unrestricted popular sovereignty reigned there; political representatives and officials were chosen with binding mandates. The reader can well imagine what the reaction would have been if a textbook in political science had claimed that “democracy” has been called “the dictatorship of the proletariat”, and had then proceeded to argue for a “collectivist” view of democracy. Nevertheless, such a line of argument is more appropriate—from the standpoint of the history of ideas—than is any attempt to derive liberal constitutionalist ideals from the concept of democracy. In the democracies of antiquity, for example, a kind of dictatorship of the citizenry prevailed. The citizen collective had the sovereign power to make any decision whatsoever—even to enact retroactive laws (Elster 1999). In Petersson’s terms, one might say that ancient democracy served to maximise the collective autonomy of citizens in regard to the governance of a state. But Petersson would hardly describe the democracy of ancient times as an “open society”. 25 The ideal-typical concept of democracy, as formulated by Ross and Dahl, reaches back to the democracy of classical times. The conventional understanding of the term “democracy” is no different from the one, which has been applied since then (Bobbio 1993, p. 27). Nor have champions of the open society like Hayek and Popper had any different understanding of what democracy means. Their arguments for a limited democracy presume a “monistic” definition of democracy. Otherwise their argument makes no sense. The idea of the open society expresses a material constitutionalist ideal in which the “rule of law” is deemed more important than the “rule of men”. The Norwegian historian Francis Sejersted has described the opposition between democracy and “the rule of law” as follows: “ The Rule of law was meant to curb state authority, while democracy was meant to mobilise society in the exercising of state authority” (Sejersted 1988, p. 132). “The rule of law” and democracy may be said to represent two different types of freedom: negative and positive (Berlin 1984). The material constitutionalist state protects the individual from coercion, while democracy provides collective freedom through binding common decisions (Sejersted 1988, p. 131). In the one case, the individual enjoys freedom from the state; in the other, he/she has the freedom to participate in the exercise of state power. The political freedom provided by democracy is not identical with the individual freedom which the constitutionalist state is designed to protect. This does not mean, of course, that democracy cannot be used to safeguard the negative freedom of individuals. Such freedom is dependent, however, on the support of the prevailing majority. In a material constitutionalist state, by contrast, it is protected against majority rule by a constitution. Petersson appears to see an intellectual connection between democracy and two forms of liberalism—the one a constitutionalist classical liberalism emphasising constitutional government and the separation of powers, the other a social liberalism emphasising the individual’s actual opportunities for self-realisation. The first report of the Council on Democracy cites Montesquieu’s doctrine of the separation of powers (see Rothstein ed. 1995, p. 93). In Makt i det öppna samhället, Petersson adduces the social-liberal idea—taken from J.S. Mill and Joseph Raz—that all have the right to carry out their life plans (Petersson 1989, p. 102). Petersson’s concept of democracy combines autonomy for institutions, for collectives, and for individuals. The tensions and conflicts between these different forms of autonomy also characterise his concept of democracy. He seems to confuse value conflicts in a democratic constitution with conceptual contradiction. The concept of democracy need not itself include the different values which democracy is supposed to safeguard.21 The conflict between collective and individual autonomy is made into a conceptual conflict within the concept of democracy—since both are included in the latter. However, a conflict between different goals for a democratic constitution is not the same as a conceptual conflict within the concept of democracy itself. Democracy can be given a meaning, which is both free from contradiction and relatively unambiguous, at the same time that one might argue it ought to seek to realise contradictory goals. The conflict between collective and individual autonomy can be illuminated without changing the definition of democracy. Indeed, the conflict 26 becomes clearer if the conventional meaning of “democracy”—collective autonomy in respect of lawmaking—is retained (Ross 1968, p. 111). Petersson defines individual autonomy as both negative and positive freedom for the individual. The opportunity of the individual to fulfil his/her life plans requires both negative rights and actual resources. But it is difficult to see any conceptual connection between democracy and individual autonomy in this sense. Democracy grants positive freedom to the collective to enact laws which individuals must obey. But the laws can be such a kind as to violate the freedom of the individual—in both a negative and a positive sense. For example, democracy can violate the rights of ownership and introduce policies of redistribution, with the result that some individuals will lack the resources to realise their life plans (see Roemer 1999). Citing Popper’s critical rationalism, Petersson calls democracy a “critical concept” (SOU 1994:40, p. 15f; Petersson 1989, p. 72 ff.). However, Popper’s view was sooner that liberalism is a critical concept: “Principles of Liberalism may be described as principles of assessing, and if necessary of modifying or changing, existing institutions, rather then replacing existing institutions.” (Popper 1972, p. 351). Liberal freedoms “can also be justified pragmatically in terms of the part they play in the search for truth” (Popper 1972, p. 352). The ideas of “trial and error” and “piecemeal engineering” are not analytically tied to the concept of democracy, but rather to an epistemological falsificationism derived from Socratic rationalism. In terms of moral philosophy, these ideas builds on a “negative utilitarianism” (Popper 1972, p. 345). Democracy too is defended negatively; its foremost value is that—unlike under tyranny—its leaders can be dismissed “without bloodshed” (Popper 1972, p. 350). Modern Western democracies are built on liberal principles, to be sure. But for Popper, democracy and liberalism were not the same thing.22 Petersson also makes a connection between constitutional norms and autonomy in a sense related to the “capacity for secondary ordering”, i.e. the ability to examine one’s first-order preferences critically (cf. Dworkin 1988). Petersson writes: “If democracy is viewed as autonomy, this relationship becomes evident. The ‘second-order preferences’ of autonomy represent, when enacted within a state, precisely a constitution. A constitution consists of ‘meta-norms’—norms about norms” (Petersson 1989, p. 100). Petersson applies the concept of autonomy both to institutions and to the capacity of individuals to reflect on their preferences critically. Institutional autonomy, however, is a legal relationship, and its prevalence need not mean that citizens have an “capacity for secondary ordering” in their preference-formation. Once again, a slippage between differing concepts of autonomy can be observed. The existence of constitutional norms need not entail any individual capacity for secondary ordering. What is needed is that judges be able to test whether a given law accords with a constitutional norm. The individual capacity for secondary ordering—whether in the case of judges, officials, or citizens—lies on another level. It is a question of their personal “conscience”. Democracy can prevail even in a state where officials and citizens are deficient in their capacity for secondary ordering. What is crucial is that they adhere to a democratic system of law. 27 In general, Petersson seems to equate institutional and personal autonomy. There is a slippage here between a legal principle on the one hand, and a more moralistic, Kantian principle on the other. Autonomous institutions need not be populated by autonomous individuals. The Catholic Church, for instance, is an autonomous institution in many countries. Yet many would question whether this institution is run by autonomous individuals (see Lundström 1991 for a discussion). Petersson’s arguments for autonomy would be clearer if his philosophical reasoning did not rest on an analysis of the concept of democracy. His plea for a “capacity for secondary ordering” expresses a perfectionist doctrine of autonomy without any conceptual connection to democracy. This doctrine should accordingly be defended on the basis of a normative theory in which the value of democracy is left open. (The value of democracy was derived, it bears recalling, from its ability to promote individual autonomy.) J.S. Mill and Joseph Raz, whom Petersson (Petersson 1989, p. 101) adduces, have a “comprehensive theory of the good” in which individual autonomy is deemed to possess inherent value (Raz 1986, p. 395). Yet neither Mill nor Raz see any inherent value in democracy—only an instrumental one. The value which democracy is supposed to further is derived from a moral-philosophical argument. “Autonomy is a distinct ideal, and it can be pursued in different societies which vary considerably…”, Raz writes (Raz 1989, p. 395). If one accept this normative reasoning, one must do so on other grounds than that one is simply a democrat. Perfectionist liberalism is but one of many possible defences for democracy. Another important argument for democracy in the liberal tradition is that democracy facilitates impartiality between different “comprehensive theories of the good” (Rawls 1993; Barry 1995). In a democracy, both those who are for autonomy as a life ideal and those who are against it can coexist. In this case, the moral foundation of democracy is political liberalism, not the perfectionist liberalism Mill and Raz represent (cf. Galston 1991 and Dworkin 1996). Petersson appears to have confused these two types of liberalism. The pluralism and “diversity in manifesting the good life” (Petersson 1989, p. 90) that he sees in the concept of democracy also includes tolerance for other ideals than a liberal lifestyle. A third line of argument for the “pluralist” and individual-centred” definition of democracy is more empirical. Pluralist democracy is in accord with the trend of societal development, and ultimately with what citizens want. The “monistic” model of democracy, by contrast, is losing its relevance as the Swedish model is abandoned. There are protagonist elements in this argument for a “pluralist” definition of democracy. In the final report of the Inquiry on Power (SOU 1994:44, p. 406), the claim is made that: The notion that democracy is realised to the extent that a single national centre of power can oversee and govern society’s development is becoming increasingly unrealistic. In a society that is becoming more and more differentiated, specialised, and internationalised, it is unlikely that a single central organ, such as Parliament, will be able to fill the role of a dominant centre of authority… The general idea of democracy will have to be realised along other lines instead. On the basis of his democratic ideal, Petersson welcomes deregulation, the fall of corporatism, a reduced public sector, and greater individual freedom. The “other 28 lines” along which “the general idea of democracy” may be realised consist of various kinds of individual citizen power. One possibility is the “free-choice revolution”, which has increased the leeway for “small democracy”: i.e., the direct influence of individual citizens on residential conditions, schools, health care, and the like (Petersson et al. 1998, pp. 32-47). Petersson does not derive his definition of democracy from the trend of societal development; rather, he argues that the trend is “favourable” from a “democratic standpoint” (SOU 1994:44, p. 403). All the same, the impression one gets is that the trend of development serves in some sense to legitimate the democratic ideal he espouses. He regards the fall of the Swedish model as both a necessary and a desirable development. History has thereby dispatched, in some sense, the “monistic” ideal of democracy from the current discussion. In this regard Petersson recalls Joseph Schumpeter, who adduced the limits of “realism” when he launched his revised definition of democracy (see Lively 1975, p. 38). There are elements of historical relativism in the defence Petersson offers for his “pluralist” concept of democracy: “The development of the concept of democracy has been an element in a cultural process of definition…” (SOU 1994:44, p. 408). The concept of democracy had been earlier influenced by the “bourgeoisie, the farmers’ movement, and the labour movement”. The “women’s movement” has helped to modify the concept of democracy also. Now the concept of democracy is changing in accordance with a reduced trust in what politics can achieve and an increased faith in the market and civil society. If one sees the concept of democracy as a sort of mirror of societal changes, and if one furthermore regards the concept of democracy as normative—which Petersson does— the door is opened to a relativist view of democracy. One ends up championing that which a “cultural process of definition” has produced. One cannot escape the notion that Petersson has formulated his ideal as he has because it accords with the spirit of the age. As Petersson notes, we live in a time when the conditions of politics have changed. The Swedish model has been forced to retreat. The question is whether Petersson would have formulated a different democratic ideal if he had been studying the power structure in the 1960s, when the Swedish model was at its height and “monistic” democracy was working quite well. If at that time one had cited a “cultural process of definition”, it would been a functioning welfare state—rather than constitutionalism and the separation of powers—which would have been considered an important element in the concept of democracy. In his analysis of the changing conditions of politics, Petersson confuses legal prerogatives with actual power over societal processes. The difficulties which policymakers have encountered in trying to control developments with discretionary measures (e.g., Keynesian economic policies) do not necessarily undermine the role of Parliament as a “dominant centre of authority”. Nor are privatisation, deregulation, and a reduced public sector in themselves indications that Parliament is no longer a “dominant centre of authority”. What Parliament does is enact such laws and public policies as its members consider most suitable for achieving their goals in a given situation. 29 As for the societal developments which, according to Petersson, speak for the “pluralist” and “individual-centred” model of democracy—these can be parried and handled by the “monistic” and “society-oriented” model. As a matter of fact, that is exactly what has occurred. Parliament has decided to join the EU, carried out farreaching deregulation, and given the central bank a more independent position. The “free-choice revolution” welcomed by Petersson has been implemented by Parliament in traditional democratic order. Parliament has not, however, renounced its “monistic” power over Swedish law. Parliamentary democracy (which Petersson calls “monistic”) does not require that a society be subjected to political direction—only that applicable law be determined by a sovereign parliament. This legislative power can then be utilised to give individuals a large room for manoeuvre—or a small one— within various societal sectors. Indeed, “monistic” democracy can be used to establish laissez-faire, or to institute a “minimal state” of the sort championed by Nozick. That which distinguishes “monistic” democracy—i.e., democracy, according to traditional usage in political science—is that the citizen collective has sovereign power over the state, i.e., over the legal system penetrating a territory. The content of this legal order can vary without the degree of democracy varying. It lies in the concept of popular power that such power can be used in a variety of ways. Public ownership and a planned economy can be instituted—or, just as well, private ownership and a market economy. In addition, Petersson seems to confuse power over law with power within the framework of law. Citizens, organisations, and corporations which obtain greater freedom of action do not thereby achieve power over law. Nor do agencies responsible for the public direction of society. The Swedish model is not based, any more than its dismantling, on “monistic” democracy. Both the one and the other can be legitimated and implemented through “monistic” democracy”. Democracy may presuppose the existence of a “power centre”, but it does not require that the public sector be large. One can, of course, argue for the separation of powers and against allowing Parliament to be a “dominant centre of authority”. However, the changes in the conditions of politics to which Petersson refers do not suffice for this. One must present a substantive normative argument to the effect that certain values ought to form the foundation for our system of government. If one ascribes a higher value to individual liberty than to democracy, one may reasonably argue for imposing constitutional restrictions on popular sovereignty. However, referring to such limits as “pluralist democracy” more nearly resembles an attempt at persuasive definition than the taking of a clear normative stance. It is possible to argue for both liberal constitutional reforms and liberal policies within various areas without altering the definition of democracy. There is a tension between liberalism and democracy, which should not be defined away. There is also a conflict between democracy and efficiency which should not be defined away (see Barry 1974 and Jacobsson 1997). It must be possible to argue—without self-contradiction—for limitations on democracy for the sake of enhanced constitutionalism and greater efficiency. 30 The Council on Democracy gives a reasonable argument for reinforcing constitutionalism and introducing constitutional reforms to increase efficiency. It argues that “popular governments which do not respect constitutionalist ideals, and which show themselves to lack any capacity for effective action—such governments bring about, experience tells us, their own end” (Rothstein ed. 1995, p. 11). Here the Council on Democracy puts forward an empirical thesis—one which presumes, be it noted, that democracy is defined independently of constitutionalism and efficiency. An empirical argument of this kind presupposes exactly the definition of democracy that the Council wants to alter. Disregarding the methodological problems in Petersson’s argument for a pluralist concept of democracy, we can interpret his position as a best-outcomes defence for democracy. Democracy is valuable because it maximises people’s autonomy. The problem here is that, by his definition, democracy means autonomy. His argument tends therefore to be circular. Others who have sought to defend similar values— Tingsten and Dahl, for example—have avoided this circularity by retaining the conventional definition of democracy. Concluding remarks The three Swedish political scientists discussed in this article do not ascribe the same meaning to the term “democracy”. Tingsten subscribes to a conventional view of democracy. He puts the stress on legally regulated procedures for decision-making in a state. There is an indirect tie to questions of power, moreover, in his emphasis on the forms and techniques of decision-making. Democratic procedures involve the distribution of legal resources of power among citizens. In defining the term “democracy”, Tingsten has no normative purposes other than purely linguistic ones. The term should be assigned a meaning that both accords with a predominant usage and is scientifically fruitful. Democracy means the collective power of citizens over a state. The degree of democracy is higher in a parliamentary system than in one with a separation of powers. In Petersson’s terminology, one would say that Tingsten’s concept of democracy was “monistic”. Tingsten held a value-neutral and naturalistic concept of democracy (see Tännsjö 1991, p. 9). The term “democracy” denotes a measurable state of affairs. The choice of definition cannot be justified by reference to any political position. The moral charge carried by the word is no argument for using the term to designate the object of one’s desires. Tingsten’s famous thesis concerning a “belief in democracy” and an “super-ideology” ought, in my opinion, to be interpreted as an explication of the meaning of democratic procedures—not as a normative thesis placing the defence of democracy above ideological principles. The question is one of principles for the acceptance of decisions in a democracy, not of principles for the acceptance of democracy itself. One could say that a democratic super-ideology serves as guidance in “questions of action” in a democratic state, rather than in “questions of regulation” in a state, i.e., the choice of form of government (cf. Riker och Ordershook 1973, p. 273). One may be guided in one’s choice of form of government by a political ideology; if one 31 chooses democracy, however, one must accept the decisions of the majority. To be sure, Tingsten regarded a democratic super-ideology as a desirable thing. But it is desirable because it is a precondition of democracy. Its value derives from the value of democracy; it does not justify democracy. Tingsten’s procedural concept of democracy is often misunderstood. It does not imply, any more than Dahl’s does, any procedural argument for democracy. Tingsten’s defence of democracy was sooner based on its outcomes. He formulated no original defence for democracy, but simply expressed his agreement with what others had said before. The value of democracy lies in how it gives rise to peace (Schumpeter), and in how it facilitates the free and independent development of individuals (J.S. Mill). These arguments for democracy are neither neutral nor procedure-oriented. Those taking part in a democratic community need not all have the same arguments for democracy. They must all understand, however, what it means to take part in a democratic community. Tingsten further considered democracy, for the reasons he cited, to be a desirable thing. But his argument for democracy lies neither in his concept of democracy nor in his thesis of a democratic super-ideology. Westerståhl’s concept of democracy has much in common with Tingsten’s. It accords with a convention among political scientists. For Westerståhl, as for Tingsten, democracy is the power of citizens over a state. But instead of stressing procedures for decision-making, he puts the emphasis on what he considers to be the purpose of these procedures—namely, the implementation of the popular will. He formulates himself in such a manner as to suggest he has in mind the popular will in regard to decisions. In his idea of a “service democracy”, on the other hand, it is the outcomes of decisions which are important. Politicians are assumed to “serve” up solutions to the problems of different groups. Westerståhl has the ambition of deriving a democratic norm from the Swedish constitution. He reads into the formulation found in the first paragraph—that “All public power in Sweden proceeds from the people”—the idea that what marks a democracy is the implementation of the people’s will. An alternative interpretation, however, is that what distinguishes a democracy is the power of the people. But Westerståhl avoids the concept of power. He focuses instead on what power can be used for. Yet the power possessed by citizens in a representative democracy is restricted to the choice of decision-makers. It is control rather than opinionrepresentativity, which is the constitutional principle of democracy. Westerståhl’s thesis about the implementation of the popular will may be seen, however, as a criterion for evaluating democracy’s success. His concept of democracy thus slides into a popular-will argument for democracy: democracy is valuable to the extent that it implements the will of the people in regard to decisions. But the idea of a service democracy can also be interpreted along preference-utilitarian lines: democracy is valuable to the extent that it maximises preference-satisfaction among citizens. This welfare-economics perspective on democracy amounts to a kind of bestoutcomes theory, in which the stress is not on opinion-representativity but on welfare. The normative connotations in Westerståhl’s concept of democracy are more plentiful than in Tingsten’s. One could argue that Westerståhl has a “substantive” definition of 32 democracy. He stipulates within the definition something which is a desirable but not a necessary condition for democracy—welfare or, alternatively, the implementation of the popular will. The crux of the matter is that he disregards the question of power, and fastens instead on possible outcomes of the exercise of power. Yet the normative elements in Westerståhl’s concept of democracy are not so pronounced as those in Olof Petersson’s. Petersson sees “autonomy” as the core of the concept of democracy. If he had limited himself to the legal autonomy of the citizen collective in connection with legislation, his concept of democracy would have been in line with the conventional understanding. But he reads a general principle of autonomy into the definition of democracy—and in respect to a wide range of societal phenomena: institutions, collectives, and individuals. Individual autonomy requires both a “capacity for secondary ordering” (i.e., an ability to reflect critically on one’s preferences) and a real opportunity to realise one’s preferences. Petersson thereby makes himself the voice of a perfectionist liberalism of the sort espoused by J.S. Mill. But Mill did not defend his principle of autonomy on the grounds that it forms part of the concept of democracy. The values that democracy ought to maximise are defined independently of “democracy”. Mill sooner subscribed to the common definition of “democracy”, i.e., popular control over a state. He saw representative democracy as a salutary limitation on democracy, inasmuch as representatives could be assumed to make wiser decisions than voters do. Like Popper and Hayek, Mill was fearful of democracy; but he considered it the best alternative. Petersson attempts, however, to fuse the idea of democracy with the ideals he thinks democracy ought to realise. In this way the door is opened to a new concept of democracy—a “pluralist” or “individual-centred” one. This type of democracy entails not just rule by the citizens, but also material constitutionalism and a separation of powers. Democracy is found both on the macro-level (citizen control over a state) and on the micro- (individual influence over daily life). In our political culture, it may be presumed, Petersson’s normative principles enjoy strong support. They express a liberal individualism in line with the times. This is also one of the reasons, in fact, why he includes said principles within his definition of democracy. Democracy assumes its meaning, he avers, through a “cultural process of definition”. This conceptual relativism serves, however, to obscure Petersson’s argumentation on behalf of his ideal. Tingsten too argues for democracy in terms of personal liberation. But he does not alter the definition of democracy for that. Dahl and Rawls do not change the definition of democracy either, in any effort to legitimate the values they think democracy ought to maximise. Such a change is not needed—to the extent one refuses to resort to persuasive definitions. Petersson uses the term “democracy” as a synonym for “good society”. The meaning of the term is thus derived from a normative ideal of justice. Such use of language is common in political rhetoric; in political science, however, it gives rise to an objectivity problem. The underlying value premises are not made clear (see Myrdal 1968). The empirical relationship between democracy on the one hand, and what in one’s estimation makes a society good, on the other, are obscured. 33 A “secularised” concept of democracy facilitates both empirical and normative research on democracy. The definition of democracy used in modern political science—as formulated by Tingsten, Kelsen, Ross, and others—has its roots in a legal-positivist perspective on law. Law and morality are distinguished from each other. Democracy too is thereby distinguished from morality. Democracy is a legal order in which legal resources for governing the state are distributed equally. Its moral value is an open question. Arguments for its value must not be replaced by definitions. Such a substitution is unfortunate, from both a scientific and a democratic point of view. The legitimacy of democracy is undermined if the arguments on its behalf are not made clear. In an article entitled “Does Democracy Engender Justice?”, John Roemer (Roemer 1999) has nicely captured the value of distinguishing the concept of democracy from normative concepts: We must I believe insist upon a division of labor between the concepts of democracy and justice… Democracy should be defined as a set of institutions and practices whose intention is to implement a certain kind of equal participation of citizens in the political process. Justice, on the other hand, consists in a set of relations among persons, and between persons and goods, in a society. With this division of labor, the initial question becomes a scientific one: will a given set of institutions and practices bring about the particular set of relationships that justice requires? Which concept of democracy is to be preferred: that of Tingsten, Westerståhl, or Petersson? As the reader has doubtless noticed, my own sympathies lie with Tingsten—but for scientific reasons, not political ones.23 The choice of concept of democracy should facilitate a “lucid” presentation. This calls for both linguistic conventionalism and scientific precision. Both Westerståhl and Petersson tend to equate democracy with what they think the goals of democracy ought to be. In an exchange in Statsvetenskaplig tidskrift, Westerståhl criticises Petersson for having an “Anglo-Saxon” notion of democracy. But Westerståhl’s concept has an “AngloSaxon” character too, inasmuch as he sees democracy as a “service organ” for maximising voter welfare. Petersson’s “Anglo-Saxon” ideas are more republican. A market philosophy confronts a doctrine of political virtue. Westerståhl’s view of the goals of democracy is more secularised than is Petersson’s. But both could argue for what such goals ought to be, instead of defining “democracy” in such a way as to render argument superfluous. 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Stats- och kommunalkunsskap, socialpolitik m.m. Falun: Kungliga Skolöverstyrelsens skriftserie 9. Westerståhl, J. 1970. Ett forskningsprogram. Den kommunala självstyrelsen 1. 36 Stockholm: Almqvist and Wicksell. Westerståhl, J and Johansson, F. 1981. Medborgarna och kommunen. Rapport 5 från kommunaldemokratiska forskningsgruppen. Ds Kn 1981:12. Westerståhl. J 1994. Rew. by Olof Petersson: Svensk politik, Statsvetenskaplig tidskrift. 97, 97-101. 1 This is a translation by Peter Meyers of a text based on my "Tre demokratibegrepp i svensk statskunskap", published in Berggren, Karlsson and Nergelius (eds). 2001. Demokratins konstitutionella val", Stockholm: City University Press. 2 A distinction is made between a concept and a conception of democracy. This distinction is not always clear-cut. But a concept is semantic notion, whereas a conception also has normative elements. The answer to first question gives the concept of democracy; the answers to both the first and the second question form a conception of democracy In English the expression “conception of democracy” may be rendered in Swedish as “demokratisyn”. Przeworski defines “conception of democracy” as follows: “...a description that has value connotations, where the move from the empirical to the evaluative is definitional” (Przeworski 1989, p. 23). 3 Leif Lewin’s “interactive” conception of democracy would well merit a discussion in this article (see Lewin 1970). It is above all for reasons of space that I have chosen to disregard it. To a degree, moreover, such an oversight may be justified by the fact that his conception of democracy is less prominent in the debate on democracy in Sweden today. For a critical analysis of Lewin’s conception of democracy, see Boström 1988. 4 A persuasive definition has the following characteristics, according to Stevenson (1969, p. 210): “In any ‘persuasive definition’ the term defined is a familiar one, whose meaning is both descriptive and strongly emotive. The purport of the definition is to alter the descriptive meaning of the term, usually by giving it greater precision within the boundaries of its customary vagueness; but the definition does not make any change in the term’s emotive meaning. And the definition is used, consciously or unconsciously, in an effort to secure, by this interplay between emotive and descriptive meaning, a redirection of people’s attitudes.” 5 Ross formulated his definition of “democracy” as follows (Ross 1968, p. 94): “The democratic element, the influence of the people over the exercise of public power, can vary with respect to: Intensity, i.e., with respect to the size of the circle of persons permitted to take part in voting and elections. Effectiveness, i.e., with respect to the degree to which the people are able to assert their viewpoints effectively. Extensity, i.e., with respect to the extent to which popular influence and popular control are extended to a greater or lesser number of the various branches of state power”. Arne Naess too formulates a definition of democracy in terms of several dimensions (Naess 1968, p. 111): “A state A is governed more democratically than a state B if and only if: suffrage or eligibility is wider or elections are more direct or the mandate can be more easily withdrawn or ‘the range of opinion’ is greater when it comes to policy issues or the degree of "intentional depth" in popular opinion is greater or popular opinion about public problems is created under less ‘intense’ or one-sided propaganda”. (My translation.) 6 On this point I disagree with Boström, who writes that “one-sided value-maximizing” is the “signum” of ideal-type definitions (Boström 1988, p. 227). Neither Ross’s ideal-type definition nor that of Dahl, namely, stipulate the maximising of democracy; they merely stipulate a linguistic usage. 7 Other expressions used in Anglo-Saxon moral philosophy are “excellence” and “a comprehensive theory of the good”. (See Rawls 1993, p. 179 f.). 8 On this point I am hesitant towards Jörgen Hermansson’s interpretation of Tingsten. Hermansson interprets the thesis of a democratic super-ideology as a procedural argument for democracy (Hermansson 1992, p. 94). Tingsten defended democracy because it is a neutral procedure. Hermansson accuses Tingsten of “assuming that which is to be proven” (ibid.). As I interpret Tingsten, however, his thesis of a democratic super-ideology does not presume democracy’s desirability. He simply elucidated the meaning of the rules of democracy. He argued for the desirability of democracy elsewhere (see above). 9 Cf. Hermansson, who interprets the thesis of a “democratic super-ideology” as meaning that, from a values standpoint, “the idea of democracy stands above other political notions, such as conservatism, liberalism, and socialism” (Hermansson 1992, p. 93). I argue that no such conclusion can be drawn from Tingsten’s super-ideology thesis. 37 10 Some scholars argue that Tingsten too used a substantive definition of “democracy”, inasmuch as he included certain rights within the concept of democracy itself. In a critical commentary on Tingsten’s critique of “substantive definitions of democracy”, Jörgen Hermansson claims that the argument against a “socialist” definition of democracy is substantively… “useless” (Hermansson 1986, p. 255). The argument is that a definition which includes political rights within the concept of democracy is substantive in the same degree: “the traditional definition of democracy embraces substantive components”. Tingsten was thereby responsible for the same mistakes as those he criticised; he did not abide by the same “restriction” he imposed on them. What Hermansson seems to say is that Tingsten’s definition also restricts the content of democratic decisions, inasmuch as democratic rights and freedoms cannot be abolished. However, Tingsten had in mind not the content of democratic decisions, but the content of the definition of democracy. There are two questions that must be distinguished here: 1. Is it self-contradictory to claim that a decision is democratic if the participants lack democratic rights and freedoms in the process of decision-making? 2. Is it self-contradictory to term a decision democratic if it entails the abolition of democratic rights and freedoms? The first question should be answered with a yes. Herein lies the decisive difference between stipulating democratic rights and freedoms and stipulating socialist relations of production within the definition of democracy. The answer to the second question depends on whether one defines “democratic procedures” in such a way as to stipulate a restriction on outcomes. Brian Barry’s definition of “democratic procedures” adumbrated above stipulates that a democratic procedure cannot involve the abolition of democratic rights and freedoms. Whether or not such a definition is appropriate is a semantic issue—not a normative one. It is not unreasonable to define “democratic procedures” in such a way that all outcomes are compatible with them. Otherwise, it would be impossible to describe the decision-making process that issued in Hitler’s assumption of power as democratic (which many people do). A definition of “democracy” does not serve to legitimate political actions—only a certain use of language. 11 In a commentary on the constitution, Holmberg and Stjernquist indicate the meaning of such terms as “technique for decision-making” (Holmberg and Stjernquist 1995, p. 40). 12 Tingsten (Tingsten 1933, p. 339) described the fear of democracy felt by the American Founding Fathers in the following fashion: “The Founding Fathers regarded unlimited democracy as likely to result in oppression by the majority. They wished therefore to limit the impact of popular government—even while affirming its basic principle—by dividing up state power among different organs…the separation of powers became a safeguard against the power of the majority.” 13 Boström’s interpretation of Tingsten is doubtful on this point. Boström argues that “the realisation of the popular will” is an element in Tingsten’s concept of democracy (Boström 1988, p. 157). But he does not make clear what the popular will refers to—the choice of representatives, the choice of decisions, or the outcome of decisions. 14 Tingsten approvingly cited Lord Bryce, who wrote that democracy is “that type of constitution in which the government belongs legally to the members of the community as a whole, not to one or several particular classes. This means that the majority rules in societies where questions are decided by the ballot, as there is no other peaceful, legal way of ascertaining what the will of the community shall be considered to be when unanimity cannot be reached (Tingsten 1933, p. 12). 15 Rune Premfors, however (Premfors 2000, p. 17), argues that Tingsten set forth a “liberal” conception of democracy: “This basic view—that democracy equals a number of ‘neutral’ procedural rules for decision-making at state and local levels, and thus does not, in a broader sense, concern how we choose to live our lives——this point of view has remained, it seems, the dominant one among leading Swedish political scientists. It need hardly be pointed out that that which many see as staking out a position in a debate ‘limited to the discipline’ is tantamount—if not always consciously, then at least in its consequences—to an unequivocal endorsement of a liberal conception of democracy.” Premfors seems to take the view that Tingsten’s concept of democracy prohibits democratic procedures in other areas than the state and the municipality. But the popular power over a state entailed by democracy as Tingsten defined it can be used to install democratic procedures at other levels (schools, workplaces, etc.). The “strong democracy” Premfors commends can be chosen democratically if the people so desire, but other options are also possible. A “liberal democracy” is compatible with, but not identical to, democracy in Tingsten’s sense. Premfors does not need to change Tingsten’s definition of democracy in order to argue for a “strong democracy”; he can simply present his own case on its merits. 16 This notion of power has been formulated by Beitz (1989, p. 10) as follows: “Power is a counterfactual notion. In attributing power to someone, we imply that there is some possible world in which her action (or omission) will change the future course of events by converting an outcome she 38 does not want, but that would have occurred if she had not acted (or had acted otherwise) into an outcome she wants. Having power, she has the potential to make a difference. However, the world in which one’s power makes a difference need not be the actual world—one can have (and exercise) power without getting what one wants, and one can get what one wants without exercising power (or by exercising it superfluously: when the desired outcome would have occurred anyway).” Brian Barry has formulated a similar idea (Barry 1992, p. 272). Cf. Dahl 1982, p. 22. 17 Boström presents a similar idea (Boström 1988, p. 197), but claims that Westerståhl prescribes that leaders make decisions in accordance with the people’s will. One can argue, however, that it is wrong to include the implementation of the people’s will within the concept of democratic procedures generally. The popular will is defined in terms of a social-choice function independent of democracy. (Beitz 1989, p. 20). 18 Scharpf writes: “Democracy aims at collective self-determination. It must accordingly be regarded as a two-dimensional concept which relates the inputs and outputs of the system. On the input side, selfdetermination requires that policy decisions stem either directly or indirectly from the authentic preferences of citizens, and that governments be held accountable to the latter. On the output side, on the other hand, self-determination means effective control over destiny.” (Scharpf 1998, p. 105.) Cf. Barry’s (1974) critique of Dahl and Tufte (1973). 19 Petersson writes: “If one chooses a pluralist interpretation of democracy, the concepts of democracy and of constitutionalism come largely to coincide. A pluralist democracy cannot exist without the rule of law, the separation of powers, and rights.” (Petersson 1996, p. 32). Petersson moves back and forth here between conceptual analysis and empirical assertion. If the last argument is correct, constitutionalism cannot form part of the “pluralist concept of democracy”. A causal relationship cannot exist between entities which analytically coincide. 20 Hayek writes about the term “democracy”: “In the case of democracy we must not forget that the word refers solely to a particular method of government. It meant originally no more than a certain procedure for arriving at political decisions, and tells us nothing about what the aims of government ought to be.” (Hayek 1979, p. 98). Popper takes a similar view: “Democracy as such cannot confer any benefits upon the citizens and should not be expected to do so. In fact democracy can do nothing—only the citizens of the democracy can act[...] Democracy provides no more than a framework within which the citizens may act in a more or less organised and coherent way.” (Popper 1972, p. 350). 21 The confusion between concepts and values can be seen in the following statement from the first report of the Council on Democracy: “The debate has also shown that the concept of democracy cannot be reduced to a single value. A democratic government must fulfil several different and partly incompatible demands at the same time” (Rothstein ed. 1995, p. 24). In the first report put out by the Council on Democracy, democracy was defined as the sum of three phenomena: namely, rule by citizens, a constitutionalist state (with a separation of powers), and effectiveness (Rothstein ed. 1995, p. 122f.). The first corresponds to Dahl’s five conditions for democracy. The second corresponds to both formal and material constitutionalist principles. Both the principle of legality and a kind of separationof-powers doctrine form part of the concept of constitutionalism set forth by the Council on Democracy. The third component has to do with do with resources, with the ability to make decisions, and with the ability to carry them out. In its first report, the Council on Democracy devised an additive index with thirteen indicators which, taken together, were presumed to measure the degree of democracy which prevailed in Sweden. In this index, the degree of citizens’ rule, of constitutionalism, and of effectiveness was added up. This would seem to imply that a reduction in citizen power can be compensated for by enhanced constitutionalism and/or effectiveness. It could even be the case that the degree of democracy increases at the same time as citizen power is non-existent. In subsequent reports from the Council on Democracy, this method for measuring Swedish democracy was not used again. (See Lundström 1996 for a critical discussion.) 22 Popper writes: “Democracy as such cannot confer any benefits upon the citizens and should not be expected to do so. In fact democracy can do nothing—only the citizens of the democracy can act[...] Democracy provides no more than a framework within which the citizens may act in a more or less organised and coherent way”. (Popper 1972, p. 350). The first principle of liberalism is that “The state is a necessary evil: its powers are not to be multiplied beyond what is necessary” (Popper 1972, p. 350). Kelsen too sees a conceptual conflict between democracy and liberalism: “It is of importance to be aware that the principle of democracy and that of liberalism are not identical, that there exists even a certain antagonism between them. For according to the principle of democracy the power of the people is unrestricted… Liberalism, however, means restriction of governmental power, what ever form the governmental power may assume. It means restriction on democratic power. Hence democracy is essentially government by the people.” (Kelsen 1955, p. 3f.). That democracy and liberalism are 39 different phenomena is also emphasised by Ross (1968, p. 111): “The fact that there is a historical connection cannot be allowed to “conceal the truth that democracy and liberalism are distinct concepts without any mutual connection.” (Ross, 1968, p. 111). 23 Premfors (Premfors 2000, p. 22) argues that “… no one can claim—and keep his credibility at the same time—that one’s own definition of the concept is the only right one, and that, further, a proposed definition must always be accompanied by an argument as to why just this one has been chosen. And— to close the circle, such arguments are always at bottom normative.” Premfors seems to equate the choice of definitions with the choice of political ideals. If one reasons in such a fashion, all normative democratic theory can be replaced with semantics. Taking a semantic position does not imply, however, taking a moral or political one. A rule of linguistic usage is not a norm prescribing a societal ideal. If Premfors wishes to defend a societal ideal, he must express this position in the form of a normative thesis—not just define it in terms of “democracy”.
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